5 Tennessee opinions name it 2 courts 2004–2025 1 in the last five years
The cases below were cited by Tennessee courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
State v. Kinggreen1 sentence2025See id. (stating that a trial court’s decision to deny judicial diversion should be supported by adequate reasons). | 1 | 1 |
David A. Gray v. James Greergreen2 sentences2004In evaluating counsel's performance in a case involving the failure to raise an issue on appeal, the Seventh Circuit Court of Appeals uses the following weighing test: "Generally, only when ignored issues are clearly stronger than those presented, will the presumption of effective assistance of counsel be overcome." Gray v. Greer, 800 F.2d 644, 646 (7th Cir.1985). 2004In evaluating counsel’s performance in a case involving the failure to raise an issue on appeal, the Seventh Circuit Court of Appeals uses the following weighing test: “Generally, only when ignored issues are clearly stronger than those presented, will the presumption of effective assistance of counsel be overcome.” Gray v. Greer, 800 F.2d 644, 646 (7th Cir.1986). | 1 | 1 |
Shorter v. Watersgreen2 sentences2004Situations may arise when every error enumerated by appellate counsel on appeal presented a strong, nonfrivolous issue but counsel’s performance was nonetheless deficient because counsel’s tactical decision not to enumerate one •rejected error “was an unreasonable one which only an incompetent attorney would adopt.” Shorter v. Waters, 275 Ga. 581 , 571 S.E.2d 373, 376 (2002) (citation omitted). 2004Situations may arise when every error enumerated by appellate counsel on appeal presented a strong, nonfrivolous issue but counsel’s performance was nonetheless deficient because counsel’s tactical decision not to enumerate one •rejected error “was an unreasonable one which only an incompetent attorney would adopt.” Shorter v. Waters, 275 Ga. 581 , 571 S.E.2d 373, 376 (2002) (citation omitted). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Tennessee. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
State v. Carter
green
2 sentences2018Carter, 254 S.W.3d at 346 . 2009In Carter, 254 S.W.3d at 344 , our supreme court explained that a defendant no longer could appeal the claim that the trial court did not properly weigh the enhancement and mitigating factors: Prior to the 2005 amendments, a defendant could appeal on the basis that “[t]he enhancement and mitigating factors were not weighed properly, and the sentence is excessive under the sentencing considerations set out in § 40-35-103.” Tenn. Code Ann. § 40-35-401 (b)(2) (2003). | 2 | 2009–2018 |
State v. Norris
green
1 sentence2015Therefore, we affirm the trial court‘s denial of judicial diversion.4 CONCLUSION Based on the arguments of the parties, their briefs, the record, and the applicable law, we affirm the judgment of the trial court. _________________________________ ROGER A. PAGE, JUDGE 4 We note that had we ordered the imposition of judicial diversion, appellant‘s certified question would have been preempted by State v. Norris, 47 S.W.3d 457 (Tenn. Crim. | 1 | 2015–2015 |
Smith v. Robbins
green
2 sentences2004This weighing test was favorably cited by the United States Supreme Court in Smith v. Robbins, 528 U.S. 259, 288 , 120 S.Ct. 746 , 145 L.Ed.2d 756 (2000). 2004This weighing test was favorably cited by the United States Supreme Court in Smith v. Robbins, 528 U.S. 259, 288 , 120 S.Ct. 746 , 145 L.Ed.2d 756 (2000). | 1 | 2004–2004 |
Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.